Select cases from SC, Delhi HC and Bombay HC
Supreme Court Bench:
Direct Tax
- Reverses wrong application of ‘matching concept’; Allows interest deduction despite accounting dichotomy – Taparia Tools Limited [TS-134-SC-2015]
Division Bench of Justice A. K. Sikri and Justice Rohinton Fali Nariman
- undertakes to ‘abide’ by MAT circular/press release in Castleton case – Castleton Investment Ltd [TS-570-SC-2015]
Division Bench of Justice A.K. Sikri and Justice Rohinton Fali Nariman
Indirect Tax
- Service contracts simpliciter taxable pre-2007, not indivisible works contracts; G. D. Builders’ ratio incorrect – Larsen & Toubro Ltd and Others – TS-437-SC-2015-ST
The judgement was delivered by Justice A.K. Sikri and Justice Rohinton Fali Narimann
- Upholds HC order; Circular clarifying taxability of mutual fund distribution commission, illegal TS-387-SC-2015-ST Karvy Stock Broking Ltd
The judgement was delivered by Justice A.K. Sikri and Justice Rohinton Fali Nariman.
Click here to read a summary of landmark cases.
Mukesh Butani is Founder & Managing Partner of BMR Legal Advocates, a boutique law firm specializing in the areas of Corporate International Tax, Transfer Pricing, GST, Customs & Trade, with expertise in litigation services, controversy management, strategic transaction advisory and policy. With specialization in domestic corporate international tax and transfer pricing, he has over three decades of experience in advising multinationals and Indian conglomerates on wide range of matters relating to FDI policy, business re-organizations, cross-border tax structuring, tax controversy and regulatory policy. He is an acknowledged expert in the area of International Tax policy, controversy & advocacy, and has to his credit several landmark judicial pronouncements. He has deposed as Expert Witness on contentious cross-border tax treaty & TP matters in foreign jurisdictions. Mukesh is a qualified Chartered Accountant and holds bachelor's degree in Commerce and Law, and practices as an Advocate before various Tribunals, High Courts and the Supreme Court of India.